General terms and conditions of LED4SAAB, valid from 01-10-2022)
Article 1. General
1.1 In these general terms and conditions of sale, 'LED4SAAB'
1.2 These terms and conditions form part of all offers from and agreementswith LED4SAAB unless expressly deviated from in writing.
1.3 With due observance of the provisions of Article 6.4, these conditionsalso apply if LED4SAAB has to engage third parties for the execution of allagreements.
1.4 Unless otherwise agreed in writing, the general or specific terms andconditions or stipulations of third parties are not recognized by LED4SAAB.
1.5 In the event that the Terms and Conditions and an Agreement containconflicting clauses, the Agreement shall prevail. 1.6 If any part of the Termsand Conditions is void or annulled, the other provisions of the Terms andConditions will remain in full force and effect and the parties will be boundto make every effort to determine a replacement clause in good consultationthat is valid and meets the original objectives. of the parties as closely aspossible.
Article 2. Offers and conclusion of agreements.
2.1 All offers are without obligation, unless expressly stated otherwise by LED4SAAB.
2.2 Agreements for the delivery of goods and/or services only bind LED4SAABafter written confirmation. Actual execution by LED4SAAB or an invoice sent byLED4SAAB is equivalent to a written confirmation of the offer.
2.3 If thecorrectness of the content of this written confirmation is not disputed within8 days, also in writing, LED4SAAB and the customer are bound by this.
2.4 Offers from LED4SAAB do not automatically apply to repeat orders.
2.5 LED4SAAB cannot be held to its offer if the customer should haveunderstood that the offer, or part thereof, contained an obvious mistake ortypo.
2.6 Additions, changes and/or further agreements are only effective ifagreed in writing.
Article 3. Prices / Price increase
3.1 Unless otherwise stated, all prices are expressed in Euros, includingsales tax (VAT).
3.2 LED4SAAB guarantees that price increases will not take place after theconclusion of the conditions, unless the price increase is the result of legalregulations and/or provisions.
3.3 If the price increase is not the result of legal regulations and/orprovisions, the consumer has the right to cancel the distance contract on theday on which the price increase takes effect.
Article 4. Delivery
4.1 If items are available from stock, they will be shipped immediatelyafter ordering. LED4SAAB may charge shipping costs for sending ordered items.The delivery of ordered goods takes place at the postal address known to LED4SAAB, not being of a temporary nature, and delivered to the natural personwho is at the delivery address.
4.2 The customer must sign for receipt of the products. This is onlydifferent if the customer has grounds for refusal based on the law.
4.3 If the customer refuses to accept delivery or fails to provideinformation or instructions necessary for delivery, the items will be stored atthe expense and risk of the customer.
4.4 LED4SAAB's delivery obligation will, unless evidence to the contrary,be fulfilled as soon as the goods delivered by LED4SAAB have been offered tothe customer. In the case of home delivery, the carrier's report, containingthe refusal of acceptance, serves as full proof of the offer of delivery,unless proven otherwise.
4.5 In the event of refusal of the goods offered, return freight andstorage costs, as well as the risk of damage or loss of the refused goods, willbe entirely borne by the buyer, unless the buyer has good grounds for cancellingthe purchase or replacing the goods. invokes.
Article 5. Delivery time
5.1 A delivery time specified by LED4SAAB can never be regarded as adeadline. The delivery time only starts after all required information has beenreceived by LED4SAAB, after which LED4SAAB will attempt to deliver within 30days.
5.2 In the context of the rules of distance purchasing, LED4SAAB(contractor) will execute orders expeditiously, but at least within 30 days. Ifthis is not possible (because the ordered item is out of stock or no longeravailable), or there is a delay for other reasons, or an order cannot or canonly be partially executed, the consumer (client) will receive notice within 1month after placement of the order and in that case he has the right to cancelthe order without costs and notice of default.
Article 6. Dissolution
6.1 Without prejudice to LED4SAAB's rights under the law, LED4SAAB isentitled, by means of a written statement to that effect to the customer, tosuspend or terminate the agreement in whole or in part with the right tocompensation against the customer if after the conclusion of the agreement,LED4SAAB becomes aware of circumstances that give LED4SAAB good reason to fearthat the customer will not fulfill its obligations or if LED4SAAB has requestedsecurity for compliance when concluding the agreement and this security is notprovided or is insufficient (despite summons) as well as in the event ofbankruptcy of the customer, the customer's own application for bankruptcy,suspension of payments, liquidation or a decision thereto, full or partialtransfer of the customer's company or seizure of any part of its assets.
6.2 If circumstances arise with regard to persons and/or materials thatLED4SAAB uses or tends to use in the performance of the agreement, which are ofsuch a nature that the performance of the agreement is impossible or so onerousand/or disproportionately expensive becomes that compliance can no longerreasonably be required, LED4SAAB is entitled to terminate the agreement.
6.3 The customer has the right to terminate the agreement within a periodof 7 working days without giving any reason for delivered goods based on anorder with LED4SAAB, if there is a consumer purchase, in accordance withArticle 7:5 of the Dutch Civil Code, unless expressly stated. otherwise agreed.This period starts when the ordered goods have been delivered. If the customerhas not returned the delivered goods to LED4SAAB after this period, thepurchase is a fact. Before returning, the customer is obliged to report this toExample Shop within 7 working days after delivery. The customer must prove thatthe delivered goods have been returned on time (no later than 10 working daysafter delivery), for example by means of proof of postal delivery. Returningthe delivered goods is entirely at the expense and risk of the customer. Thegoods must be returned in the original packaging (including accessories andassociated documentation) and in new condition. If the goods have been used, encumbered,or damaged in any way by the customer, the right to termination within themeaning of this paragraph lapses. Taking into account what has been determinedin the previous sentence, LED4SAAB will confirm the cancellation of thepurchase immediately after receipt and inspection of the returned items andwill ensure that within 30 days after receipt of the complete return shipment,the full purchase amount will be paid to the customer free of charge. will berefunded.
6.4 The right of termination, as described in the previous paragraph, onlyrelates to the goods delivered and will in no case relate to services, such astelephone subscriptions from the (mobile) network operators offered byLED4SAAB. The general terms and conditions of the network operators in questionwill apply to the latter services, where LED4SAAB only acts as an intermediaryor agent.
Article 7. Force majeure
7.1 Force majeure means, in addition to what is understood in law and caselaw, all circumstances over which LED4SAAB has no influence and whichhinder or make the delivery of goods impossible, including but not limited tostrikes at LED4SAAB and/or suppliers, disruptions in the Internet or WAP,electricity disruptions, email traffic disruptions and disruptions or changesin technology supplied by third parties.
7.2 Force majeure can also be invoked if the circumstance that prevents(further) compliance occurs after LED4SAAB should have fulfilled theobligation.
7.3 If the period in which fulfilment of the obligation by LED4SAAB is notpossible due to force majeure lasts longer than 2 weeks, both parties areentitled to terminate the agreement, without there being any obligation to paycompensation in that case.
7.4 If LED4SAAB has already partially fulfilled its obligations when theforce majeure occurs, or can only partially fulfill its obligations, it isentitled to invoice separately for the part already delivered or thedeliverable part and the customer is obliged to pay this invoice as if itconcerned a separate contract. However, this does not apply if the part alreadydelivered, or deliverable has no independent value.
Article 8. Warranty
8.1 LED4SAAB does not offer a more extensive warranty on delivered goodsthan the warranty (conditions) of the manufacturer of these goods, withouthowever affecting the rights of the customer arising from mandatory legalprovisions.
8.2 However, LED4SAAB is never responsible for the ultimate suitability ofthe goods for each individual application by the customer, nor for any adviceregarding the use or application of the goods.
8.3 The customer is obliged to immediately check the delivered goods uponreceipt. If it appears that the delivered item is incorrect, defective orincomplete, the customer must immediately report these defects in writing toLED4SAAB (before returning it to LED4SAAB). Any defects or incorrectlydelivered goods must and can be reported to LED4SAAB in writing up to a maximumof 2 months after delivery. The goods must be returned in the originalpackaging (including accessories and associated documentation) and in newcondition. Putting into use after discovery of a defect, damage occurring afterdiscovery of a defect, encumbrance and/or resale after discovery of a defect,completely voids this right to complain and return.
8.4 If complaints from the customer are found to be well-founded byLED4SAAB, LED4SAAB will, at its option, either replace the delivered goods freeof charge or make a written arrangement with the customer regardingcompensation, on the understanding that the liability of LED4SAAB andtherefore the amount of compensation will always be is limited to a maximum ofthe invoice amount of the relevant goods, or (at the discretion of LED4SAAB) tothe maximum amount covered in the relevant case by LED4SAAB's liabilityinsurance. Any liability of LED4SAAB for any other form of damage is excluded,including additional compensation in any form whatsoever, compensation forindirect damage or consequential damage or damage due to lost profits.
8.5 LED4SAAB is not liable for damage caused by intent or equivalentdeliberate recklessness of non-managerial staff.
8.6 This warranty does not apply if:
A) and as long as the customer is in default towards LED4SAAB.
B) the customer has repaired and/or processed the delivered goods himselfor has had them repaired and/or processed by third parties.
C) the delivered goods have been exposed to abnormal conditions or haveotherwise been treated carelessly or have been treated contrary to theinstructions of LED4SAAB and/or instructions for use on the packaging.
D) the defect is wholly or partly the result of regulations that thegovernment has imposed or will impose with regard to the nature or quality ofthe materials used.
Article 9. Payment
9.1 Unless otherwise agreed, payment must be made by means of a PINtransaction at the place of delivery of the products. Payment in instalments isnot possible.
9.2 After 10 days have elapsed after the invoice date, the customer islegally in default and from that moment on owes interest of 1% per month on theamount due, unless the statutory interest is higher, in which case thestatutory interest applies, whereby a part of a month is counted as a wholemonth.
9.3 In the event of bankruptcy or suspension of payment of the customer oran application for this, the claims of LED4SAAB and the obligations of thecustomer towards LED4SAAB are immediately due and payable.
9.4 If LED4SAAB must outsource its claim for collection, the customer owesa fixed amount of 15% of the extrajudicial collection costs owed, with aminimum amount of 250 euros.
9.5 If LED4SAAB can demonstrate that it has incurred higher costs that werereasonably necessary, these are also eligible for reimbursement.
Article 10. Retention of title
10.1 The ownership of all goods sold and delivered by LED4SAAB to thecustomer remains with LED4SAAB as long as the customer has not paid LED4SAAB'sclaims under the agreement or previous or later similar agreements, as long asthe customer has completed the work performed or to be performed. has not yetfulfilled these or similar agreements and as long as the customer has not yetpaid LED4SAAB's claims due to failure to comply with such obligations,including claims regarding fines, interest and costs, all as referred to inArticle 3 :92 BW.
10.2 The goods supplied by LED4SAAB that fall under the retention of titlemay only be resold in the context of normal business operations and may neverbe used as a means of payment.
10.3 The customer is not entitled to pledge or encumber in any other waythe items falling under the retention of title.
10.4 The customer now gives unconditional and irrevocable permission toLED4SAAB or a third party to be appointed by LED4SAAB, in all cases in whichLED4SAAB wishes to exercise its ownership rights, to enter all those placeswhere its property will be located and to dispose of those items there. totake.
10.5 If third parties seize the goods delivered under retention of title orwish to establish or enforce rights thereon, the customer is obliged to informLED4SAAB of this as soon as can reasonably be expected. 10.6 The customerundertakes to insure the goods delivered under retention of title and to keepthem insured against fire, explosion, and water damage as well as against theftand to make the policy of this insurance available for inspection to LED4SAABupon first request.
Article 11. Privacy
11.1 LED4SAAB respects the privacy of online visitors to its website and isthe sole owner of the information obtained via this website, unless otherwisestated. This information is not sold, shared or rented by LED4SAAB to thirdparties in any way other than as stated in this privacy statement.
11.2 Information from which the identity of an online visitor to theLED4SAAB website can be derived is provided voluntarily by the visitor. Thisinformation may be used within LED4SAAB (and all its subsidiaries and brands)with the aim of making visits to our websites as simple and enjoyable aspossible. In addition, this information may be used for analysis and providinginformation about LED4SAAB's product portfolio. The customer gives expresspermission for this. LED4SAAB is entitled to disclose information about avisitor in special cases, when there is reason to believe that disclosing thatinformation is necessary to identify, come into contact with or bringproceedings against someone who may or may not be does not intentionally harmor damage the rights or property of LED4SAAB, other users of its website orothers who may be harmed by it. LED4SAAB is entitled to release informationabout users when we believe in good faith that the law requires it.
11.3 LED4SAAB collects non-personal information about our online visitorsin order to determine the total number of visitors to the website, as well asthe type of Internet browser and operating system used. Personal data can bedeleted at the request of the online visitor as long as this does not requiredisproportionate effort or costs for LED4SAAB.
Article 12. Intellectual property rights
12.1 Unless expressly agreed otherwise in writing, the entire copyright andall other intellectual and industrial property rights relating to the goods orservices supplied by LED4SAAB, such as trademark rights, design rights, patentrights, sui generis database rights, etc., rest exclusively with LED4SAAB and/or its suppliers.
12.2 The parties undertake to take sufficient measures to ensureconfidentiality regarding each other's information of a confidential naturethat they become aware of during the execution of the agreement.
Article 13. Applicable law.
13.1 All offers and agreements from LED4SAAB are exclusively governed bySpanish law. The applicability of the Vienna Sales Convention is expresslyexcluded.
Article 14. Disputes
14.1 For questions and/or complaints, the customer can emailinfo@led4saab.com or call 0034 655 670 776, available Monday to Friday from8:30 AM - 5:30 PM. Complaints are usually managed within 30 days. If this isnot possible for any reason, the customer will be informed of the delay.
14.2 The customer can submit the dispute to an independent disputecommittee. This does not affect the right of the customer to submit the disputeto a competent court.